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ORDINANCE # rbc`
�N ORDINANCE REQUIRING ALL PROPERTY OWNERS WITHIN THE CITY OF BATESVILLE TO
ABATE UNSIGHTLY OR UNSANITARY CONDITIONS ON REAL PROPERTY: NOTICE TO BE GIVEN
TO SAID OWNERS: CHIEF OF POLICE AUTHORIZED TO HAVE SAID CONDITION ABATED:
4TTACHMENT AND ENFORCEMENT OF LIEN ON SAID PROPERTY: DECLARING AN EMERGENCY
AND OTHER PURPOSES.
BE IT ORDAINED by the City Council of the City of Batesville, Arkansas:
SECTION 1. All owners of lots and other real property located within the
City of Batesville, Arkansas are hereby required to cut weeds and remove gar-
bage, rubbish, fallen trees and other unsightly and/or unsanitary articles and
things upon their property.
SECTION 2. Said owners shall also eliminate, fill up or remove stagnant
pools of water or any other unsanitary thing, place or condition upon their
property which might become a breeding place for mosquitos, flies and germs
harmful to the health of the community.
SECTION 3. If the owner or owners of any lot or other real property
within the City of Batesville, Arkansas, after the giving of twenty (20) days
notice in writing by the Batesville City Attorney shall refuse or neglect to
perform the duties in connection with his or their property as specified in
Sections 1 and 2 hereof, the Chief of Police is hereby authorized to enter upon
the property and have said weeds, rank grass or other vegetation cut and re-
moved, or eliminate any unsightly and/or unsanitary condition, and the cost
thereof shall be charged against said premises or the owner thereof, and shall
constitute a lien on said property. Provided further that where the condition
consists of stagnant pools of water or other unsanitary thing, place or condi-
tion which might become a breedina place for mosquitos, flies and germs harmful
to the health of the community, said notice to property owner or owners may be
given in writing by any qualified medical doctor who has been duly appointed
to act as city health officers of said city.
SECTION 4. The lien herein provided for in Section 3 may be enforced at
any time within eighteen (18) months after the work has been done, by an action
in the Chancery Court.
SECTION 5. In case the owner of any lot or other real property is unknown
or his whereabouts is not known or is a nonresident of this state, then a copy
of the written notice hereinabove referred to shall be posted upon the premises
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and before any action to enforce such lien shall be had the clerk/treasurer
shall make an affidavit setting out the facts as to unknown address or
whereabouts or nonresidence of said owner or owners and thereupon service
of the publication as now provided for by law against nonresident defen-
dants, may be had and an attorney ad litem, shall be appointed to notify
the defendant by registered letter addressed to the owners last known
place of residence if same can be found.
SECTION 6. If any section, sentence or part of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such section, sentence or part shall be deemed a separate,
distinct and independent provision and such holding shall not affect the
validity of the remaining portions thereof.
SECTION 7. All ordinances and parts of ordinances in conflict
with provisions of this Ordinance are hereby repealed.
Passed and Approved this day of June, 1979.
Peyt4 Golden, Mayor
ATTEST:
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Larry Williams, City Clerk